T54CH16

Title 54 > T54CH16

Sections (18)

54-1601

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1601. SHORT TITLE. This chapter shall be known and may be cited as the Idaho Board of Long-Term Care Administrators Act. History: [54-1601, added 2025, ch. 98, sec. 3, p. 531.]

54-1602

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1602. DEFINITIONS. As used in this chapter: (1) Administrator designee means a qualified individual filling a vacant nursing home administrator position pursuant to a signed agreement. (2) Board means the Idaho board of long-term care administrators, including both nursing home and residential care facility administrators. (3) Hearing officer means a person appointed by the board to hear a contested case. (4) Long-term care administrator means any individual that qualifies as a nursing home administrator or residential care facility administrator. (5) Long-term care facility means any nursing home or residential care facility. (6) Nursing home means a facility whose design and function shall provide area, space, and equipment to meet the health needs of two (2) or more individuals who, at a minimum, require inpatient care and services for twenty-four (24) or more consecutive hours for unstable chronic health problems requiring daily professional nursing supervision and licensed nursing care on a twenty-four (24) hour basis, restorative, rehabilitative care, and assistance in meeting daily living needs. Medical supervision is necessary on a regular, but not daily, basis. (7) Nursing home administrator means any individual responsible for planning, organizing, directing, and controlling nursing home operations, or who in fact performs such functions, whether such functions are shared by one (1) or more other persons, and who is licensed under the provisions of this chapter. (8) Nursing home administrator-in-training means an individual registered as such under the provisions of this chapter. (9) Practice of nursing home administration means the planning, organizing, directing, and control of nursing home operations. (10) Practice of residential care facility administration means the planning, organizing, directing, and control of residential care facility operations. (11) Provisional permit means a temporary permit issued to a provisional residential care facility administrator under the provisions of this chapter. (12) Provisional residential care facility administrator means an individual who has been issued a permit as such under the provisions of this chapter. (13) Residential care facility means a residential or assisted living facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals, and lodging to three (3) or more elderly, developmentally disabled, physically disabled or mentally ill adults not related to the owner. (14) Residential care facility administrator means any individual responsible for planning, organizing, directing, and controlling residential care facility operations, or who in fact performs such functions, whether such functions are shared by one (1) or more other persons, and who is licensed under the provision

54-1603

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1603. facility SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED — EXCEPTION FOR ADMINISTRATOR DESIGNEE — PRACTICE BY UNLICENSED PERSON PROHIBITED. (1) No nursing home or residential care facility shall be operated in Idaho unless it is under the supervision of: (a) An administrator who holds licensure that is current and valid; (b) A person who is an authorized administrator designee; or (c) A person who holds a provisional permit issued to a residential care facility administrator pursuant to this chapter. (2) No person shall practice or offer to practice long-term care administration in this state or use any title, sign, card, or device to indicate that the person is a long-term care administrator unless such person: (a) Is duly licensed; (b) Has a current provisional permit; or (c) Is an administrator designee. (3) In the event of a vacancy in a nursing home administrator position, a nursing home may operate under a responsible person authorized by a signed agreement to act as an administrator designee. The administrator designee shall be qualified by documented experience to assume delegated duties and shall not act for more than eight (8) continuous weeks unless an exception is granted by the board. (4) Any individual acting as an administrator designee shall enter into a written agreement with an Idaho-licensed administrator. Such agreement shall be submitted to the board. History: [54-1603, added 2025, ch. 98, sec. 3, p. 532.]

54-1604

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1604. IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS. (1) There is hereby established in the division of occupational and professional licenses the Idaho board of long-term care administrators. (2) The board shall oversee both nursing home and residential care facility administrators. (3) The board shall consist of five (5) members and shall be composed of one (1) duly licensed nursing home administrator, one (1) duly licensed residential care facility administrator, one (1) member from any other profession, agency, or institution concerned with the care of individuals who are chronically ill or infirm or individuals requiring assistance with daily activities, one (1) licensed nurse from the nursing profession, and one (1) member representative of the public at large. No more than two (2) members of the board shall be officials or full-time employees of state or local governments, except that they may be administrators of publicly owned nursing homes. (4) The term of office for each member of the board shall be four (4) years, and all board members shall serve at the pleasure of the governor. (5) Appointments to the board shall be made by the governor, who may consider recommendations for appointment from any organized and generally recognized group concerned with long-term care administration and from any individual residing in this state. (6) Members of the board shall hold office until the expiration of the term to which the member was appointed and until a successor has been duly appointed. (7) Members of the board shall be compensated as provided by section 59-509 (p), Idaho Code. (8) The board shall elect annually from its membership a chair and vice chair. The board shall hold one (1) or more meetings each year. A majority of the board membership shall constitute a quorum. (9) The board shall exercise its powers and perform its duties and functions as specified by this chapter. (10) The board may, by written agreement, authorize the division of occupational and professional licenses to act in its interest. History: [54-1604, added 2025, ch. 98, sec. 3, p. 533.]

54-1605

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1605. FUNCTIONS AND DUTIES OF BOARD — FEE FOR LICENSE APPLICANTS — RULES. (1) It shall be the function and duty of the board to: (a) Develop, impose, and enforce standards for receiving and retaining a license or permit as a long-term care administrator. Such standards shall be designed to ensure that long-term care administrators are of good character, suitably qualified through training or experience, and capable of performing their duties in the field of long-term care administration; (b) Determine whether an individual meets the standards for receiving and retaining a license or permit as a long-term care administrator and to develop and apply appropriate techniques, including examinations and investigations, for making such determinations; (c) Revoke or suspend licenses and permits based on violation of standards, misconduct, or failure to meet ongoing qualification requirements; (d) Issue provisional permits to individuals who meet certain criteria set forth by the board. Such provisional permits shall allow individuals who receive them to practice as a residential care facility administrator on a provisional basis; (e) Establish and carry out procedures to ensure that licensed long-term care administrators comply with the established standards; (f) Ensure that all individuals with provisional permits comply with all applicable standards and regulations during their permit period; and (g) Receive, investigate, and take appropriate action on any charges or complaints regarding a licensed long-term care administrator’s failure to comply with standards. (2) The board shall establish by rule a fee schedule for applications, licenses, provisional permits, renewals, and endorsements of a license issued by another state, not to exceed four hundred dollars ($400). (3) The board, any committee or member thereof, and any designated hearing officer shall have powers and duties as provided by law. They shall not be bound by strict rules of evidence in proceedings, but determinations shall be based on sufficient legal evidence. (4) The board has the authority to make rules, subject to approval by the legislature, for the proper performance of its duties and the authority to adopt a code of ethics for long-term care administrators. (5) The board shall take actions necessary to enable the state to meet federal requirements, including those set forth in section 1908 of the social security act and related federal regulations. (6) The board may collect from the state association representing nursing homes in Idaho an amount necessary to reimburse the board for expenses related to prelitigation hearing panels conducted pursuant to chapter 23, title 6 , Idaho Code. These funds shall be deposited into the occupational licenses fund. History: [54-1605, added 2025, ch. 98, sec. 3, p. 533.]

54-1606

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1606. QUALIFICATIONS FOR EXAMINATION FOR LICENSE. (1) The board shall approve for the licensing examination any long-term care administrator candidate who: (a) Submits the required application and pays a fee as determined by the board; (b) Has not been convicted, found guilty, or received a withheld judgment or a suspended sentence in this state or any other state of a crime deemed relevant in accordance with section 67-9411 (1), Idaho Code; and (c) Meets the specific age, education, and experience requirements for the type of care facility as outlined in subsections (2) and (3) of this section. (2)(a) For residential care facility administrators, the candidate must: (i) Be at least twenty-one (21) years of age; (ii) Submit evidence of successfully completing specialized courses or a program of study in residential care facility administration as approved by the board; and (iii) Meet one (1) of the following combinations of education and experience: 1. A high school diploma or equivalent and eight hundred (800) hours of on-site experience in a residential care facility under the supervision of a licensed administrator; 2. An associate degree from an accredited college or university and four hundred (400) hours of on-site experience in a residential care facility under the supervision of a licensed administrator; or 3. A bachelor’s degree from an accredited college or university and two hundred (200) hours of on-site experience in a residential care facility under the supervision of a licensed administrator. (b) Alternatively, a candidate who does not meet the education and experience requirements may submit evidence of satisfactory practical experience obtained in residential care facility administration or in a medical or health care facility as approved by the board. (3)(a) For nursing home administrators, the candidate must: (i) Be at least eighteen (18) years of age; (ii) Hold a baccalaureate degree from an accredited institution of higher learning or its equivalent; and (iii) Complete an administrator-in-training program as described in section 54-1612 , Idaho Code. (b) Alternatively, a candidate who does not meet the educational requirements may submit evidence of obtaining two (2) years of satisfactory practical experience in management in a nursing home for each year of required post-high school education. History: [54-1606, added 2025, ch. 98, sec. 3, p. 534.]

54-1607

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1607. SUBJECT MATTER OF EXAMINATION. (1) The board shall determine the subjects of examination for applicants for licensure as long-term care administrators. (2) The scope, content, and format of such examination shall be the same for all candidates within each category of licensure. The examination shall include an assessment of the applicant’s proficiency in the practice of long-term care administration and knowledge of applicable rules of health and safety within the state. History: [54-1607, added 2025, ch. 98, sec. 3, p. 535.]

54-1608

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1608. ISSUANCE OF nursing home administrator LICENSEs. Nursing home administrator applicants who meet the requirements of section 54-1606 , Idaho Code, and, if applicable, section 54-1611 , Idaho Code, and who pass the examination provided for in section 54-1607 , Idaho Code, shall be issued a license by the board. History: [54-1608, added 2025, ch. 98, sec. 3, p. 535.]

54-1609

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1609. EXEMPTION — EDUCATIONAL PROGRAMS — ADMINISTRATION OF FEDERAL FUNDS BY BOARD. (1) Nothing in this chapter or the rules established pursuant to this chapter shall be construed to require an applicant for a long-term care administrator license to demonstrate proficiency in medical techniques or to meet medical standards that are inconsistent with the care and treatment practices of any such institution. (2) Nothing in this chapter or the rules established pursuant to this chapter shall be construed to require a person who is certified as belonging to a recognized church or religious denomination that relies solely on spiritual means for healing to meet medical standards that are inconsistent with the care and treatment practices of any such institution. (3) If the board finds that the existing training and instructional programs within the state are insufficient for nursing home administrators to meet the established requirements, it shall initiate and conduct, or arrange for others to conduct, one (1) or more such programs. Such programs must be made accessible to appropriate state residents. The board may also approve programs conducted both within and outside the state to meet the educational and training requirements. For purposes of this subsection, the board is authorized to receive and disburse federal funds for these programs under the social security act. History: [54-1609, added 2025, ch. 98, sec. 3, p. 535.]

54-1610

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1610. LICENSE RENEWAL — CONTINUING EDUCATION — DISCIPLINE. (1) Every licensed long-term care administrator shall apply for license renewal biennially, reporting required information on forms provided by the board. (2) Applicants for license renewal shall submit evidence of completing a continuing education program or course of study as required by board rules. (3) The board shall issue a license renewal upon receipt of the renewal application, fee, and evidence of continuing education. (4) Licensed long-term care administrators who fail to comply with these requirements and continue to act as administrators are subject to disciplinary action by the board. (5) License renewal and reinstatement for long-term care administrators shall follow the procedures as described in section 67-2614 , Idaho Code, including timelines, fee schedules, and requirements for maintaining current information with the division of occupational and professional licenses. History: [54-1610, added 2025, ch. 98, sec. 3, p. 535.]

54-1611

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1611. ENDORSEMENT OF LICENSES. The board, in its discretion and subject to the provisions and rules of this chapter, may endorse a long-term care administrator license or registration issued by the proper authorities of any other state upon payment of a fee and submission of evidence meeting the qualifications established by the board. History: [54-1611, added 2025, ch. 98, sec. 3, p. 536.]

54-1612

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1612. ADMINISTRATORS-IN-TRAINING — EXAMINATIONS AFTER ONE THOUSAND HOURS — REPORTS — EXCEPTIONS. (1) Every applicant for a nursing home administrator license who shall have otherwise qualified under the provisions of section 54-1606 , Idaho Code, except as provided for in this section, shall serve for one thousand (1,000) hours under the direct supervision of a duly licensed nursing home administrator in accordance with the rules of the board. Upon completion of the one thousand (1,000) hour training period, the applicant shall be eligible to take the nursing home administrator examination. An administrator-in-training program shall not exceed a period of two (2) years, except as approved by the board for good cause. (2) The nursing home administrator-in-training shall submit reports on forms provided by the board. (3) This section shall not apply to individuals with: (a) A master’s degree in health care administration related to long-term care from an accredited institution; or (b) A master’s degree from an accredited institution that includes an emphasis on health care and one (1) year of management experience in an inpatient health care facility. (4) Nursing home administrators-in-training shall register the fact of such training with the board in accordance with the rules and on forms provided by the board. (5) An applicant may begin the one thousand (1,000) hour training period as a nursing home administrator-in-training prior to completion of a baccalaureate degree. History: [54-1612, added 2025, ch. 98, sec. 3, p. 536.]

54-1613

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1613. RESIDENTIAL CARE FACILITY ADMINISTRATOR PROVISIONAL PERMITS. (1) The board may issue a residential care facility administrator provisional permit, not exceeding three (3) months, to an applicant pending license issuance if the applicant files a written application and meets the requirements of section 54-1606 (2)(a), Idaho Code, and is applying to fill a vacancy on an emergency basis. (2) Any individual holding a valid Idaho nursing home administrator license in good standing may meet the requirements for a residential care facility administrator license and be issued one upon application and payment of appropriate fees. History: [54-1613, added 2025, ch. 98, sec. 3, p. 536.]

54-1614

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1614. MISDEMEANORS — PENALTIES. (1) It shall be a misdemeanor for any person to: (a) Sell or fraudulently obtain or furnish any license or aid or abet such actions; (b) Practice as a long-term care administrator under cover of any license or permit illegally or fraudulently obtained or unlawfully issued; (c) Practice as a long-term care administrator or use in connection with the person’s name any designation tending to imply that the person is a long-term care administrator unless duly licensed under the provisions of this chapter; (d) Practice as a long-term care administrator during the time the person’s license or permit issued under the provisions of this chapter is suspended or revoked; or (e) Otherwise violate any of the provisions of this chapter. (2) A misdemeanor under this section shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment. History: [54-1614, added 2025, ch. 98, sec. 3, p. 536.]

54-1615

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1615. DISCIPLINARY ACTIONS FOR LONG-TERM CARE ADMINISTRATORS. (1) The board may revoke, suspend, refuse to renew, or refuse to issue any license or permit issued under the provisions of this chapter or may reprimand, censure, or otherwise discipline the holder of a license or permit in the following cases, after due hearing: (a) Upon proof that the licensee is reasonably unfit to operate a long-term care facility; (b) Upon proof of the willful or repeated violation of any provisions of this chapter or the rules enacted in accordance with it, or of willful or repeated actions inconsistent with the health and safety of patients; (c) Upon proof that the licensee has committed fraud or deceit in the practice of long-term care administration or related activities, or in the licensee’s admission to such practice; (d) Upon proof that the licensee has permitted the unauthorized disclosure of information relating to a resident in the long-term care facility under the administration of the licensee; (e) Upon conviction of, pleading guilty or nolo contendere to, or receiving a withheld judgment of a felony or any crime involving dishonesty or the health or safety of a person; or (f) Upon proof that the administrator had a license to practice a health care profession or occupation in another state or jurisdiction and such license was suspended or revoked or that the administrator has otherwise been disciplined. (2) The board or a designated hearing officer shall have jurisdiction to hear all charges brought under this section against long-term care administrators. The board shall make a determination on such charges based on their merits and may impose disciplinary actions as deemed appropriate. (3) Proceedings shall be initiated by filing charges with the board in writing and under oath. The board may also initiate charges on its own motion following an investigation. The procedures for notification and hearings, unless dismissed by the board as unfounded or trivial, shall be conducted pursuant to the provisions of chapter 52, title 67 , Idaho Code. History: [54-1615, added 2025, ch. 98, sec. 3, p. 537.]

54-1616

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1616. REISSUANCE OF REVOKED LICENSE OR PERMIT. The board may, in its discretion, reissue a license or permit to any person whose license or permit has been revoked. History: [54-1616, added 2025, ch. 98, sec. 3, p. 537.]

54-1617

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1617. JUDICIAL REVIEW OF BOARD ACTION. Anyone aggrieved by an action of the board may seek judicial review thereof in accordance with the provisions of chapter 52, title 67 , Idaho Code. History: [54-1617, added 2025, ch. 98, sec. 3, p. 537.]

54-1618

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 16 IDAHO BOARD OF LONG-TERM CARE ADMINISTRATORS ACT 54-1618. Disposition of funds. All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund. History: [54-1618, added 2025, ch. 98, sec. 3, p. 537.]